South Australian Current Acts South Australian Current Acts19—Powers in relation to witnesses etc
(1) For the purposes
of proceedings before the Board regarding medical fitness under Part 5
Division 3, the Board may—
(a) by
summons signed on behalf of the Board by a member of the Board or the
Registrar, require the attendance before the Board of any person whom the
Board thinks fit to call before it; or
(b) by
summons signed on behalf of the Board by a member of the Board or the
Registrar—
(i)
require the production of any relevant records, documents
or equipment (including written records that reproduce in a readily
understandable form information kept by computer, microfilm or other process);
and
(ii)
in the case of a document or record that is not in the
English language—require the production of a written statement in the
English language of the contents of the document or record; or
(c)
inspect any documents, records or equipment produced before it, and retain
them for such reasonable period as it thinks fit, and make copies of the
documents or records or their contents; or
(d)
require any person to make an oath or affirmation (which may be administered
by the Registrar or any member of the Board) to answer truthfully questions
put by any member of the Board or any person appearing before the Board; or
(e)
require any person appearing before the Board (whether summoned to appear or
not) to answer any questions put by any member of the Board or by any person
appearing before the Board.
(2) On receipt of an
application for the issue of a summons under this section, a member or the
Registrar may, without referring the matter to the Board, issue a summons on
behalf of the Board.
(3) A person
who—
(a)
fails without reasonable excuse to comply with a summons issued to attend, or
to produce documents, records or equipment, before the Board; or
(b)
having been served with a summons to produce a written statement of the
contents of a document or record in the English language fails, without
reasonable excuse, to comply with the summons or produces a statement that he
or she knows, or ought to know, is false or misleading in a material
particular; or
(c)
misbehaves before the Board, wilfully insults the Board or one or more of the
members in the exercise of the member's official duties, or interrupts the
proceedings of the Board; or
(d)
refuses to be sworn or to affirm, or refuses or fails to answer truthfully a
relevant question when required to do so by the Board,
is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 6 months.
(4) A person who
appears as a witness before the Board has the same protection as a witness in
proceedings before the Supreme Court.